Legal Opinion

Thompson v. Powell

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 10 opinions

Action on the Case by Landlord, agaim-st Purchaser of Crops with Notice of Statutory Lien. Appeal from the Circuit Court of Bullock. Tried before the lion. H. D. Clayton.

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Action on the Case by Landlord, agaim-st Purchaser of Crops with Notice of Statutory Lien. Appeal from the Circuit Court of Bullock. Tried before the lion. H. D. Clayton. This action was brought by Moses W. Thompson, against Amos Powell and others, and was commenced on the 20th May, 1882. The complaint contained but a single count, which alleged that, on or about the 1st January, 1880, plaintiff rented to said Amos Powell, for the year 1880, a certain tract of land' in said county, for the rent of which said Powell agreed to pay twenty bales of cotton of specified weight, and also advanced to…

1Opinion of the CourtSomeryille, J.

It is now a settled rule in this State, established by a series of decisions, that a landlord may maintain an action on the case against any one or more defendants, who, with notice of the landlord’s lien for rent or advances, purchases from the tenant the crops grown on the rented premises, and afterwards removes or converts them, so as to defeat, or otherwise obstruct, the enforcement of such lien by the statutory remedy of áttachment. The theory of these cases is, that the removal, or other conversion of the crops, was an unlawful act, by which an injury has been done the landlord, the…

2Cases cited9 opinions

  1. Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
  2. Hussey v. PeeblesSupreme Court of Alabama · 1875
  3. Collier v. FaulkSupreme Court of Alabama · 1881
  4. Hurst v. Bell & Co.Supreme Court of Alabama · 1882
  5. Rees v. CoatsSupreme Court of Alabama · 1880

4 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
  2. Merchants & Planters Bank v. MeyerSupreme Court of Arkansas · 1892
  3. Powell v. ThompsonSupreme Court of Alabama · 1885
  4. City Nat. Bank v. NelsonSupreme Court of Alabama · 1928
  5. Mooney v. HoughSupreme Court of Alabama · 1887

5 more not listed; retrieve them via the Exa API.

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